LEGAL PROTECTION OF PATIENTS WHO SUFFER DAMAGES DUE TO WRONG DIAGNOSIS IN ONLINE HEALTH SERVICES PLATFORM

Abstract

The purpose of this study is to increase public knowledge about the legal regulation of the implementation of online health platforms in Indonesia and to provide understanding to the public, especially users of online health platform services, regarding legal protection specified in-laws and regulations. This normative legal research examines the problem of norms, namely norm obscurity that occurs based on statutory control and a conceptual approach. The results of the study show that the legal arrangements for implementing online health platforms are based on the Health Law as part of the provision of health services and Permenkes No. 20 of 2019 which further regulates telecommunications operations. Furthermore, concerning the legal protection provided on online health patient platforms as consumers of health service users, they can sue for harm to the platform following the provisions of the Consumer Protection Law. Users of online platform health services can choose the desired solution either by litigation under Article 47 of the Consumer Protection Law or non-litigation stipulated in Article 48 of the Consumer Protection Law. Then following to misdiagnosis made by doctors on the online platform, they can also be held accountable by submitting complaints to the Honorary Council of Indonesian Medical Discipline by what has been confirmed in Article 66 of the Medical Practice Law.